HE WAS LEGALLY TOO DRUNK TO DRIVE. >>ALSO TELL YOU WHAT HE NOW HAS
TO SAY ABOUT THAT WEEKEND
INCIDENT.
>>WELL GOOD
EVENING, A LOCAL DELEGATE BLOWS
OVER THE LEGAL ALCOHOL LIMIT
WHILE DRIVING, BUT HE DOESN’T
GET ARRESTED TONIGHT.
WE HAVE VIDEO OF DELEGATE CHRIS
HURST PULLED OVER WHILE DRIVING
HOME FROM
A PARTY AND ROANOKE CO WATCHES
POLICE DECIDE TO TEST HIM FOR
DUI
AND THEN LISTEN TO WHY THEY
DECIDED NOT TO ARREST HIM.
>>POLICE PULL
DELEGATE CHRIS HURST OVER AT
ABOUT 02:00AM SUNDAY MORNING ON
INTERSTATE 81 AFTER OBSERVING THIS CAR CROSSING THE WHITE LINE ON THE RIGHT SIDE, 3
TIMES.
>>OF ALL
>>DASH CAMERA VIDEO SHOWS OFFICERS SWEPT A RETURNING TO HIS CAR AND TURNING OFF THE
BLUE LIGHT FACING
HEARST’S VEHICLE.
HE RADIOS YOU WANTS TO TAKE A
CLOSER LOOK AT HIS EYES.
>>SWEATER PERFORMS
THE TEST IN
THE MEANTIME, A SECOND OFFICER
ARRIVES ON THE SCENE.
THE FIRST OFFICER INSTRUCTS
FIRST TO GET OUT OF
THE CAR AND ASKED HIM ABOUT
WHERE
HE WAS.
>>O WAS THAT THE PARTY WAS WITH
>>THE OFFICER THEN QUESTIONS IF HEARST KNOWS HIS OWN STATUS.
HEARST THEN PASSES TO SOBRIETY TEST COUNTING BACKWARDS AND RECITING
THE MIDDLE OF THE ALPHABET.
>>AGE A FEW MINUTES
LATER FIRST TELLS THE OFFICER
HE’S BEEN DIAGNOSED WITH THIS I
HAD A GUN IS LEG FROM DRIVING
BACK AND FORTH
TO RICHMOND.
HE SAYS IT AFFECTS HIS BALANCE.
>>THEN CLEARLY WOBBLE SEVERAL TIMES WHEN ASKED TO WALK HEEL TO TOE 10 STEPS UP
AND BACK.
>>I THINK IT WAS A A
AND IT.
AND IT. >>OPERATE A MOTOR >>THE OFFICER THEN
OFFERS TO ADMINISTER A
BREATHALYZER TEST HEARST ASKED
WHAT IF I DON’T TAKE
>>HEARST ASKED IF HE’LL BE ARRESTED. >>AND MY FRIEND.
>>HE TAKES THE TEST. HE’S OVER THE LIMIT OF WAY.
APPLAUSE.
>>ONE OH I LOVE THE OFFICER THEN EXPLAINS WHY HE WILL NOT BE ARRESTING HEARST
BECAUSE HE BELIEVES BY THE TIME
THEY GIVE HIM THE REAL TEST, HE
WOULD NO LONGER BE OVER
THE LIMIT. >>THE OFFICER ASKED IF HEARST PASSENGER HAS BEEN DRINKING.
HEARST SAYS A LITTLE SHE IS
THEN ALSO GIVEN A TEST SHE
PASSES, BUT
IT’S CLOSE.
>>I CAN’T SAY HE JUST DROPPED.
>>AND THE OFFICER THEN ASKED THE COUPLE TO DRIVE TO A NEARBY WALMART IN THE PARKING
LOT WAIT HALF AN HOUR THEN
BEFORE
DRIVING HOME.
HEARST ALSO MAY NOT HAVE BEEN
ARRESTED BECAUSE OF A STATE LAW
10 NEWS REPORTER LINDSEY
KENNETT JOINS US LIVE TONIGHT.
>>SHE’S OUTSIDE THE
CHRISTIANSBURG WHICH DEPARTMENT
MORSELL LINDSAY CAN YOU EXPLAIN
TO US WHAT THIS LAW MEANS.
>>THIS STATE LAW
SAYS THAT STATE REPRESENTATIVES AND SENATORS CANNOT BE ARRESTED DURING SESSION UNLESS IT’S A
SERIOUS CRIME UNDER THE
VIRGINIA CONSTITUTION.
IT SAYS THAT THAT LEGISLATORS
CAN BE ARRESTED
FOR TREASON FELONY OR BREACH OF
THE PEACE DURING SESSION BUT
THEY’RE IMMUNE FROM
MISDEMEANORS LIKE DUIS IN
VIRGINIA
INTOXICATED DRIVING DOESN’T
BECOME A FELONY CHARGE UNTIL
SOMEONE’S 3RD OFFENSE WITHIN A
10 YEAR SPAN OR UNLESS SOMEONE
IS INJURED
OR KILLED.
UNDER THAT SAME LAW LEGISLATORS
ALSO CANNOT BE ARRESTED UNDER
ANY CIVIL PROCESS DURING
SESSION OR 15 DAYS BEFORE 4
AFTER
A SESSION PLUS TO PROTECT THEIR
SPEECH OR DEBATE ON THE HOUSE
AND
SENATE FLOORS THERE ARE SIMILAR
LAWS IN OTHER STATES TO GIVE
LEGISLATORS IMMUNITY LIKE WEST,
VIRGINIA
AND ARIZONA.
AND THERE ARE PROTECTIONS FOR
DIPLOMATS AND MEMBERS OF
US CONGRESS, POLITICAL AND
LEGAL EXPERTS SAY THIS IMMUNITY
LAW IN VIRGINIA WAS MADE
HUNDREDS OF YEARS AGO DESIGNED
TO PROTECT LAWMAKERS FROM BEING
TARGETED OR INTIMIDATED BY THE
GOVERNOR OFFICIALS
OR MEMBERS OF ANOTHER POLITICAL
PARTY.
>>IMAGINE
PARTY. >>IMAGINE A A.
>>THE STATE POLICE GETTING A
DIRECTIVE.
IF YOU SEE A LEGISLATIVE
LICENSE PLATE.
PULL THAT PERSON OVER ON
SUSPICION OF DRUNK DRIVING OR
ON SUSPICION OF HAVING A TAIL
LIGHT OUT OR SOMETHING LIKE
THIS.
IT WOULD MINIMALLY BE VERY
INTIMIDATING FOR DELEGATE AND A
COULD EVEN PREVENT THAT
DELEGATE FOR MAKING A CRUCIAL
VOTE ENRICHMENT.
>>COMING UP AT 6 I TALKED WITH A CRIMINAL JUSTICE EXPERT HEAR WHAT HE HAS
TO SAY ABOUT THIS IMMUNITY LAW
AND WHY IT REALLY
COMES UP.
2 POLICE DISCRETION TO
ENFORCE IT LIVE IN
CHRISTIANSBURG ISLAND YOU CAN
IT 10 NEWS WORKING
FOR YOU.
>>DELEGATE HEARSE ISSUED AN
APOLOGY FOR THE INCIDENT SAYING
I’M VERY SORRY THIS HAPPENED
AND TAKE FULL RESPONSIBILITY